[Federal Register: August 30, 2002 (Volume 67, Number 169)]
[Notices]
[Page 55877-55879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au02-144]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2226-02; AG Order No. 2611-2002]
RIN 1115-AE26
Extension of the Designation of Sudan Under the Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The designation of Sudan under the Temporary Protected Status
(TPS) program will expire on November 2, 2002. This notice extends the
Attorney General's designation of Sudan under the TPS program for 12
months until November 2, 2003, and sets forth procedures necessary for
nationals of Sudan (or aliens having no nationality who last habitually
resided in Sudan) with TPS to re-register for the additional 12-month
period. Eligible nationals of Sudan (or aliens having no nationality
who last habitually resided in Sudan) may re-register for TPS and an
extension of employment authorization. Re-registration is limited to
persons who registered during the initial registration period, which
ended on November 3, 1998, registered during the re-designation
registration period, which ended on November 2, 2000, or registered
after that date under the late initial registration provisions; and who
timely re-registered under each subsequent extension. Nationals of
Sudan (or aliens having no nationality who last habitually resided in
Sudan) who previously have not applied for TPS may be eligible to apply
under the late initial registration provisions.
EFFECTIVE DATES: The extension of the TPS designation for Sudan is
effective November 2, 2002, and will remain in effect until November 2,
2003. The 60-day re-registration period begins on August 30, 2002, and
will remain in effect until October 29, 2002.
FOR FURTHER INFORMATION CONTACT: Pearl Chang, Residence and Status
Services Branch, Adjudications, Immigration and Naturalization Service,
Room 3214, 425 I Street NW., Washington, DC 20536, telephone (202) 514-
4754.
SUPPLEMENTARY INFORMATION:
What authority does the Attorney General have to extend the designation
of Sudan under the TPS program?
Section 244(b)(3)(A) of the Immigration and Nationality Act (Act)
states that, at least 60 days before the end of a designation or
extension thereof, the Attorney General must review conditions in the
foreign state for which the designation is in effect. 8 U.S.C.
1254a(b)(3)(A). If the Attorney General does not determine that the
foreign state no longer continues to meet the conditions for
designation, the period of designation is extended automatically for 6
months pursuant to section 244(b)(3)(C) of the Act, although the
Attorney General may exercise his discretion to extend the designation
for a period of 12 to 18 months. 8 U.S.C. 1254a(b)(3)(C)
Why did the Attorney General decide to extend the TPS designation for
Sudan?
On November 4, 1997, the Attorney General designated Sudan under
the TPS program for a period of 12 months. 62 FR 59737. The Attorney
General has since extended the TPS designation three times and
redesignated Sudan once, after determining each time that the
conditions warranting such designation continued to be met. See 66
[[Page 55878]]
FR 46031 (August 31, 2001) (extension); 65 FR 67407 (November 9, 2000)
(extension); 64 FR 61128 (November 9, 1999) (extension and
redesignation); and 63 FR 59337 (November 3, 1998) (extension).
Since the date of the last extension, the Departments of Justice
and State have continued to review conditions in Sudan. The Department
of State reports that ``[c]ivil war continues to endanger thousands of
Sudanese civilians. Despite cease-fire arrangements in the Nuba
Mountains and periodically in Bahr el Ghazal, fighting between
government and rebel forces has intensified in several regions,
especially those rich in oil. The Western Upper Nile region is of
particular concern. Peace negotiations recently began between the
government and rebel leaders; however, past efforts have led to
repeated failures. The government's human rights record remains
extremely poor, and includes extrajudicial killings, disappearances,
arbitrary arrest and detention, rape, slavery, forced labor, forced
conscription of male children, and severely restricted freedom of
assembly, association, religion, speech, and movement. Rebel groups
also are responsible for serious human rights abuses, including
extrajudicial killings, beatings, rapes, arbitrary detention, and
forced conscription of boys.'' State Department Report (July 1, 2002)
(State Department Report). The Department of State concludes that
``Sudan's civil war threatens civilians both directly, as they suffer
violent attacks, abductions and forced displacement from both sides of
the conflict, and indirectly, as looting and attacks on humanitarian
operations endanger their food security and health.'' Id.
Likewise, the Resource Information Center of the Immigration and
Naturalization Service (INS/Service) recently reported that
``[a]lthough a window of opportunity exists to end Sudan's long
internal conflict, and [despite] efforts to broker confidence-building
agreements between the government and the opposition Sudan People's
Liberation Movement/Army (SPLM/A), no end to the war appears in sight.
Intensified conflict, particularly in oil-producing areas of the south,
has contributed to serious human rights violations and a worsening in
the conditions of life for people living in these areas.'' The INS
Resource Information Center Report (July 3, 2002) (RIC Report). The
United Nations Special Rapporteur on Human Rights in Sudan reported in
January 2002 that ``the overall human rights situation has not
improved.'' Report of Special Rapporteur, U.N. Commission on Human
Rights (Jan. 23, 2002). The Sudanese Government has forcibly removed
tens of thousands of southern Sudanese from oilfield areas to make the
areas safe from attack, denied humanitarian agencies access to
vulnerable people in rebel-held areas, and on many occasions bombed
civilians waiting to receive humanitarian assistance. RIC Report. The
United Nations Office for the Coordination of Humanitarian Affairs
(OCHA) reported in November 2001 that the armed conflict ``continues to
create widespread displacement of civilian populations, destroy
infrastructure, and obliterate assets such as livestock and crops.
Agricultural and pastoral activities among farming communities are
continually disrupted in the areas of conflict, including during the
all-important planting and harvesting seasons. In these and other areas
the vagaries of climate and weather impose further pressures trough
drought and flood, giving rise to tension and conflict through
competition for scarce resources of food, water, and pasture for
livestock.'' UN OCHA Report (Nov. 26, 2001).
Based on this review, the Attorney General finds that the
conditions that prompted designation of Sudan under the TPS program
continue to be met. 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed
conflict within Sudan and, due to such conflict, requiring the return
of aliens who are nationals of Sudan (or aliens having no nationality
who last habitually resided in Sudan) would pose a serious threat to
their personal safety. 8 U.S.C. 1254a(b)(3)(A). Furthermore, there
exist extraordinary and temporary conditions in Sudan that prevent
nationals of Sudan (and aliens having no nationality who last
habitually resided in Sudan) from returning home in safety. 8 U.S.C.
1254a(b)(1)(C). Finally, permitting nationals of Sudan to remain
temporarily in the United States is not contrary to the national
interest of the United States. 8 U.S.C. 1254a(b)(1). On the basis of
these findings, the Attorney General concludes that the TPS designation
for Sudan should be extended for a period of 12 months.
If I currently have TPS through the Sudan TPS program, must I still re-
register for TPS?
Yes. If you already have received TPS benefits through the Sudan
TPS program, your benefits will expire on November 2, 2002.
Accordingly, you must re-register for TPS in order to maintain your
benefits through November 2, 2003. See the following re-registration
instructions. The TPS benefits include temporary protection against
removal from the United States, as well as work authorization, during
the TPS designation period and any extension thereof. 8 U.S.C.
1254a(a)(1).
If I am currently registered for TPS, how do I re-register for an
extension?
Persons previously granted TPS under the Sudan program may apply
for an extension by filing (1) Form I-821, Application for Temporary
Protected Status, without the fee; (2) Form I-765, Application for
Employment Authorization; and (3) two identification photographs (1\1/
2\ inches x 1\1/2\ inches). To determine whether you must submit the
one hundred and twenty dollar ($120) filing fee with the Form I-765,
see the chart below. Children beneficiaries of TPS, who have reached
the age of 14 but were not previously fingerprinted, must pay the fifty
dollar ($50) fingerprint fee upon their next application for extension.
Submit the re-registration package and applicable fee, if any, to
the Service district office that has jurisdiction over your place of
residence during the 60-day re-registration period that begins August
30, 2002, and will remain in effect until October 29, 2002.
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If Then
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You are applying for an Employment You must complete and file Form
Authorization Document that is valid I-765, Application for
through November 2, 2003 . . . Employment Authorization, with
the $120 fee.
You already have an Employment You must complete and file Form
Authorization Document or do not I-765, with no filing fee.
require such a document. . .
You are applying for an Employment You must complete and file: (1)
Authorization Document and are Form I-765, with no fee and
requesting a fee waiver. . . (2) a fee waiver request and
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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[[Page 55879]]
How Does an Application for TPS Affect my Application for Asylum or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit. A national of Sudan (or alien having no
nationality who last habitually resided in Sudan) who is otherwise
eligible for TPS and has applied for, or plans to apply for, asylum but
who has not yet been granted asylum or withholding of removal, may also
apply for TPS. Denial of an application for asylum or any other
immigration benefit does not affect an applicant's eligibility to apply
for TPS, although the grounds for denying one form of relief may also
be grounds for denying TPS. For example, a person who has been
convicted of a particularly serious crime is not eligible for asylum or
TPS. 8 U.S.C. 1158(b)(2); 8 U.S.C. 1254a(c)(2)(B)(i).
Does This Extension Allow Nationals of Sudan (or Aliens Having No
Nationality Who Last Habitually Resided in Sudan) Who Entered the
United States After November 9, 1999, To File for TPS:
No. This is a notice of an extension of the TPS designation for
Sudan, not a notice of redesignation of Sudan under the TPS program. An
extension of TPS does not change the required dates of continuous
residence and continuous physical presence in the United States. This
extension does not expand Sudan availability to those who are not
already TPS class members. To be eligible for benefits under this
extension, nationals of Sudan (or aliens having no nationality who last
habitually resided in Sudan) must have been continuously physically
present and continuously resided in the United States since November 9,
1999.
Is Late Initial Registration Possible?
Yes. Some persons may be eligible for late initial registration
under 8 CFR 244.2(f)(2). To apply for late initial registration an
applicant must:
(1) Be a national of Sudan (or an alien who has no nationality and
who last habitually resided in Sudan);
(2) Have been continuously physically present in the United States
since November 9, 1999;
(3) Have continuously resided in the United States since November
9, 1999; and
(4) Be both admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of the Act, and also not ineligible
under section 244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that,
during the redesignation registration period from November 9, 1999,
through November 2, 2000, he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal,
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal,
(3) Was a parolee or had a pending request for reparole, or
(4) Was the spouse or child of an alien currently eligible to be a
TPS registrant. 8 CFR 244.2(f)(2).
An applicant for late initial registration must file an application
for late registration within a 60-day period immediately following the
expiration of termination of the conditions described above. 8 CFR
244.2(g).
Notice of Extension of Designation of Sudan Under the TPS Program
By the authority vested in me as Attorney General under sections
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted with
the appropriate government agencies and determine that the conditions
that prompted designation of Sudan for TPS continue to be met. 8 U.S.C.
1254a(b)(3)(A). Accordingly, I order as follows:
(1) The designation of Sudan under section 244(b) of the Act is
extended for an additional 12-month period from November 2, 2002,
through November 2, 2003. 8 U.S.C. 1254a(b)(3)(C).
(2) I estimate that there are approximately 552 nationals of Sudan
(or aliens who have no nationality and who last habitually resided in
Sudan) who are eligible for re-registration.
(3) To maintain TPS, a national of Sudan (or an alien having no
nationality who last habitually resided in Sudan) who previously has
applied for or received TPS benefits must re-register for TPS during
the 60-day re-registration period from August 30, 2002 until October
29, 2002.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a
Form I-821 filed as part of the re-registration application. If the
applicant requests employment authorization documentation, he or she
must submit one hundred and twenty dollars ($120) or a properly
documented fee waiver request, pursuant to 8 CFR 244.20, with the Form
I-765. An applicant who does not request employment authorization
documentation must nonetheless file Form I-765 along with Form I-821,
but is not required to submit the fee. The fifty dollar ($50)
fingerprint fee is required only for children beneficiaries of TPS who
have reached the age of 14 but were not previously fingerprinted.
Failure to re-register without good cause will result in the withdrawal
of TPS. 8 CFR 244.17(c). Some persons who had not previously applied
for TPS may be eligible for late initial registration under 8 CFR
244.2.
(5) Information concerning the Sudan TPS program will be available
at local Service offices upon publication of this notice and the INS
National Customer Service Center at 1-800-375-5283. This information
will also be published on the INS Web site at http://www.ins.usdoj.gov.
Dated: August 26, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-22211 Filed 8-29-02; 8:45 am]
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